§ 97-13. Exceptions from provisions of Article. - North Carolina Statutes

§97‑13.  Exceptions from provisions of Article.

(a)        Employees ofCertain Railroads. – This Article shall not apply to railroads or railroademployees nor in any way repeal, amend, alter or affect Article 8 of Chapter 60or any section thereof relating to the liability of railroads for injuries toemployees, nor upon the trial of any action in tort for injuries not comingunder the provisions of this Article, shall any provision herein be placed inevidence or be permitted to be argued to the jury. Provided, however, that theforegoing exemption to railroads and railroad employees shall not apply toemployees of a State‑owned railroad company, as defined in G.S. 124‑11,or to electric street railroads or employees thereof; and this Article shallapply to electric street railroads and employees thereof and to this extent theprovisions of Article 8 of Chapter 60 are hereby amended.

(b)        Casual Employment,Domestic Servants, Farm Laborers, Federal Government, Employer of Less thanThree Employees. – This Article shall not apply to casual employees, farmlaborers when fewer than 10 full‑time nonseasonal farm laborers areregularly employed by the same employer, federal government employees in NorthCarolina, and domestic servants, nor to employees of such persons, nor to anyperson, firm or private corporation that has regularly in service less thanthree employees in the same business within this State, except that anyemployer without regard to number of employees, including an employer ofdomestic servants, farm laborers, or one who previously had exempted himself,who has purchased workers' compensation insurance to cover his compensationliability shall be conclusively presumed during life of the policy to haveaccepted the provisions of this Article from the effective date of said policyand his employees shall be so bound unless waived as provided in this Article;provided however, that this Article shall apply to all employers of one or moreemployees who are employed in activities which involve the use or presence ofradiation.

(c)        Prisoners. – ThisArticle shall not apply to prisoners being worked by the State or anysubdivision thereof, except to the following extent: Whenever any prisonerassigned to the State Department of Correction shall suffer accidental injuryor accidental death arising out of and in the course of the employment to whichhe had been assigned, if there be death or if the results of such injurycontinue until after the date of the lawful discharge of such prisoner to suchan extent as to amount to a disability as defined in this Article, then suchdischarged prisoner or the dependents or next of kin of such dischargedprisoner may have the benefit of this Article by applying to the IndustrialCommission as any other employee; provided, such application is made within 12months from the date of the discharge; and provided further that the maximumcompensation to any prisoner or to the dependents or next of kin of anydeceased prisoner shall not exceed thirty dollars ($30.00) per week and theperiod of compensation shall relate to the date of his discharge rather thanthe date of the accident. If any person who has been awarded compensation underthe provisions of this subsection shall be recommitted to prison uponconviction of an offense committed subsequent to the award, such compensationshall immediately cease. Any awards made under the terms of this subsectionshall be paid by the State Department of Correction from the funds availablefor the operation of the Department of Corrections. The provisions of G.S. 97‑10.1and 97‑10.2 shall apply to prisoners and discharged prisoners entitled tocompensation under this subsection and to the State in the same manner as saidsection applies to employees and employers.

(d)        Sellers ofAgricultural Products. – This Article shall not apply to persons, firms orcorporations engaged in selling agricultural products for the producers thereofon commission or for other compensation, paid by the producers, provided theproduct is prepared for sale by the producer. (1929, c. 120, s. 14; 1933,c. 401; 1935, c. 150; 1941, c. 295; 1943, c. 543; 1945, c. 766; 1957, c. 349,s. 10; c. 809; 1967, c. 996, s. 13; 1971, c. 284, s. 2; c. 1176; 1975, c. 718,s. 3; 1979, c. 247, s. 1; c. 714, s. 2; 1981, c. 378, s. 1; 1983 (Reg. Sess.,1984), c. 1042, s. 2; 1987, c. 729, s. 3; 2000‑146, s. 11.)